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Journal : Aktual Justice

SINERGITAS PRINSIP BHINEKA TUNGGAL IKA DENGAN PRINSIP PLURALISME HUKUM Benyamin Tungga
Jurnal Aktual Justice Vol 4 No 1 (2019): Aktual Justice
Publisher : Magister Hukum Pascasarjana Univeristas Ngurah Rai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47329/aktualjustice.v4i1.475

Abstract

In fact, bineka tunggal ika is a form of pluralism in one culture, ethnicity, religion, and others in one place, namely the state with Pancasila principles and the 1945 Constitution. Whereas the principle of legal pluralism is a situation where one or more legal systems apply at a time and place the same one. The purpose of this paper is to explain how the synergy of the single eka bineka principle with the principle of legal pluralism. The single unity principle that is manifested in the life of nation and state, one form of its implementation is explained in the Indonesian archipelago, a way of looking at the Indonesian people about themselves and their surrounding environment based on national ideas based on Pancasila and the 1945 Constitution. Using the basis of Pancasila and the 1945 Constitution as part of legal sources. Thus it can be concluded that there is a synergy between the single bineka ika principle and the principle of legal pluralism in the basic model of the Indonesian unitary republic which lies in the source of all sources of law, namely Pancasila and the 1945 Constitution.
MEWUJUDKAN PEMERINTAHAN EFEKTIF DALAM SISTEM MULTIPARTAI Benyamin Tungga
Jurnal Aktual Justice Vol 5 No 1 (2020): Aktual Justice
Publisher : Magister Hukum Pascasarjana Univeristas Ngurah Rai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47329/aktualjustice.v5i1.522

Abstract

Multiparty system is a product of a pluralist or plural society structure, both in terms of religiosity, ethnicity, and socio-economic. The party system should support the formation of a strong and clean government system and increase the effectiveness of government or the level of representation, but in reality each party is more concerned with their respective interests. The multiparty system in a presidential system in Indonesia makes the government instability in Indonesia. This mix is ​​believed to tend to give birth to minority presidents and divided governments. There are four important things that influence the multiparty system on presidential systems in Indonesia. First, the multiparty system affects the fragility of coalition ties in the DPR. Second, the excessive control of the DPR disrupts the effectiveness of government. Third, the multiparty system affects the power of the vice president which is more dominant in the government and Fourth, the president's prerogative rights are reduced.
TELAAH TEORITIS TERHADAP KONTRIBUSI HUKUM DALAM PEMBANGUNAN EKONOMI Benyamin Tungga
Jurnal Aktual Justice Vol 3 No 2 (2018): Aktual Justice
Publisher : Magister Hukum Pascasarjana Univeristas Ngurah Rai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47329/aktualjustice.v3i2.537

Abstract

The development of the national economy in its achievement is inseparable from the role of the legal sector. Interdeterministis, between economic and law, two things that affect each other. That is, it can also start from the demands of the economic field to the field of law that can serve as a useful contribution to support economic growth. Law as a normative provision has a very important role and function in the field of economy. Scientific writing is intended to describe the legal theory in economic development. The results of the study provide an explanation that the economic system in Indonesia is Pancasila Economic System that was born in the heart of the nation that is Pancasila and UUD-45 and its interpretation. Therefore, the economic system of Pancasila is directly sourced from Pancasila, especially the fifth principle, namely: Social Justice for all Indonesian people and the mandate of Article 27 paragraph (2), Article 33-34 UUD-45 (4th Amendment). The fifth precept explains that all national and state orientations, economic, legal, social and cultural politics, are imbued with a spirit of comprehensive justice and destined for all Indonesians. Thus the legal contribution in the development of the Indonesian economy is a Pancasila economic system supported by the 1945 Constitution and its interpretation.